Jose “Sway” Penala might turn out to be the most controversial non-controversy in American Idol history. Reality TV Magazine reported on information online that indicated that Sway was a member of the band 6th Day. Reality TV Magazine also reported on information online that suggested 6th Day released a CD on Brownjungle.com and did a promotional tour in Manila after Sway’s initial American Idol audition. According to the FAQ section on Idolonfox.com, “contestants are not permitted to have any CURRENT recording or talent management agreements.”
Reality TV Magazine also reported that various rumors were circulating that Sway could be disqualified, while also carefully noting that nothing had been said by anyone officially connected to American Idol to indicate that he was at any risk. The article was picked up by various news outlets across the U.S. including People Magazine, E! Online, and The New York Post.
After our report, a 6th Day band member apparently came forward with additional information, which he posted on the 6th Day MySpace page. According to a post attributed to the 6th Day band member Drey, 6th Day apparently did the Manila promotional tour without ever having a contract with their label E-Real Records. The same band member also indicated that “the only entity Sway was bound to on paper was 6th Day and management.” Of course, management agreements are also not allowed according to the FAQ section on Idolonfox.com. The post by the band member has since been removed from the 6th Day MySpace page.
Many fans have rallied around Sway and voiced their support that he should remain in the competition. The fan site JosePenala.com is reporting receiving large amounts of traffic. An anti-Sway movement has also apparently developed. Reality TV Magazine has received numerous emails from an individual identifying themselves as GoAway Sway. The emails point to the same articles referenced in the initial Reality TV Magazine report as well as some additional articles, such as the ones published on INQ7.net and on Malaya.com.
During a conference call with the media on Friday, February 3, American Idol producer Ken Warwick was asked about the raging Sway controversy. Warwick cleared up some of the rumors, but his answers could likely create even more controversy. In response to if Sway had a recording contract at the time of his San Francisco audition, Warwick replied “when the thousand turn up you can’t go into their backgrounds, you can’t check everything.” When pressed on if Sway was still in the competition, Warwick replied “He’s still on the show. Yes, absolutely...I mean as far as I know he at this moment in time…the minute he went forward we then get into it and say have you got any recording contracts. Now, if he did have and lost them the minute he got through to the second round then, you know, at the time he got through then he didn’t have a contract, he tells me, so we checked and at this moment in time and that’s all we can really do, he does not have a recording contract. So you know that…that..you know we have to take it at face value, he is not contracted to anybody and anybody who progresses in the competition can’t be under contract to anybody else for obvious reasons and he is not to our knowledge. We look into it and the affairs look into it so I have to take it as it’s told to me.”
Ken Warwick’s answer seems to offer a new clarification as to exactly when the rule of not having any current recording or talent management agreements starts to apply. Under Warwick’s explanation of the rules, it sounds as if someone with a manager and currently contracted to a label could audition for American Idol. However, if that person were to make it through to the second round, then they would have to immediately get out of any current contracts or management agreements. Evidently in the case of Jose “Sway” Penala whatever agreements he may or may not have been bound to, he was able to get out of before advancing to the second round of American Idol. Therefore, any rumors circulating that Sway may be disqualified can apparently be put to rest based on Ken Warwick’s statement.
Warwick’s explanation of the rules though will probably surprise many potential American Idol applicants, as it seems like a change to what many had interpreted the rules to be. It could also lead to an influx of applicants for American Idol 6 who are under contract or management agreements who just plan to get out of the agreements if they make it through the auditions. There are bound to be some cases where records labels or managers refuse to let artists out of contracts which could lead to contestants having to drop out of the competition. It’s very possible that artists in the future might even add provisions in their management contracts that they can break their contracts if they wind up qualifying for the Hollywood round during an American Idol audition.
The controversy over Sway could very well help him if he makes it past the judges and to the viewer voting stage of the competition. In the early stages of American Idol, contestants who have received frequent screen time or who have been talked about in the press seem to hold an advantage. Many Sway fans will likely feel like they have something to prove and will be dedicated to keeping him in the competition.
